N.Y. Alco. Bev. Cont. Law § 110-A

Current through 2024 NY Law Chapter 457
Section 110-A - Notice of application for certain licenses to be published by applicant
1. Every person applying for a license to sell alcoholic beverages pursuant to subdivision four of section fifty-one, or section fifty-five, sixty-four, sixty-four-a, sixty-four-c, eighty-one or eighty-one-a of this chapter shall publish notice thereof pursuant to subdivision two of this section.
2. All applicants required to publish notice of an application for a license pursuant to subdivision one of this section shall, in such form as prescribed by subdivision three of this section, publish such notice as follows:
(a) Where the prospective licensed premises are located in any county other than New York, Kings, Queens or Bronx, notice shall be published once a week for two successive weeks in a daily or weekly newspaper, to be designated by the county clerk, published in the city, town or village in which the prospective licensed premises are located, except that if there shall be no daily or weekly newspaper published in the city, town or village in which the prospective licensed premises are located, then such notice shall be published in a daily or weekly newspaper, to be designated by the county clerk, published in the county in which the prospective licensed premises are located, once a week for two successive weeks.
(b) Where the prospective licensed premises are located in the counties of New York, Kings, Queens or Bronx, such notice shall be published once a week for two successive weeks in one daily and one weekly newspaper, to be designated by the county clerk, published in the county in which the prospective licensed premises are located.
3. Such notice shall be printed in English, in substantially the following form:

Form of notice for on-premises license. Notice is hereby given that license (fill in beer, liquor or wine as the case may be, and license number) has been applied for by the undersigned to sell (beer, liquor or wine, as the case may be) at retail in a (hotel, club, restaurant, vessel, car, or other type of establishment, as the case may be) under the alcoholic beverage control law at (fill in street address, city, town or village and county in which licensed premises are located) for on-premises consumption.

(Name of licensee)

(Address of licensee)

4. The provisions of this section shall apply only to the application for the original license issued to the licensee for the premises.
5. Except for good cause shown, the first publication of such notice shall be made within ten days after the date of the submission of the application for such license to the authority. Two original copies of proof of such publication, in the form set forth in this subdivision shall be obtained by the applicant for such license, who shall within fifteen days of receipt of such original copies of such proof, submit one original copy to the authority, and the second original copy of such proof shall be retained by the applicant for such license. Except for good cause shown, the authority shall not issue the license sought by the applicant unless such proof is submitted within such fifteen-day period. The form of proof of such publication shall be as follows:

State of New York)

) ss.: County of .......)

............ of ..................... being duly sworn, says that he is ........... of the publishers of the ...................... (daily) or (weekly) newspaper (printed and) published in the (city, town, or village and county) ......................, and that the notice of which the annexed is a true copy, has been published in said newspaper for two successive weeks commencing on the ............. day of ..................... 199....____________________________________________.............................

Sworn to before me this ............. day of ...................

N.Y. Alco. Bev. Cont. Law § 110-A